Kelly v. Weaver
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This action was instituted by William R. Kelly against A. W. Weaver and Albert Weaver to recover damages for a personal injury.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This action was instituted by William R. Kelly against A. W. Weaver and Albert Weaver to recover damages for a personal injury. The facts are that on January 7, 1914, about 6:30 in the evening, as the defendants were riding east in an automobile on the south side of Main street in Springfield, Oregon, they overtook and knocked down a horse on which the plaintiff was riding, breaking the latter’s right leg and otherwise hurting him. The negligence alleged is: “That at the time the automobile struck the plaintiff’s…
1Opinion
Former opinion adhered to September 7, 1915.
On Petition for Rehearing.
(151 Pac. 463.)
Messrs. Woodcock, Smith & Bryson, for the petition.
Mr. L. M. Travis, Mr. A. K. Meck and Messrs. Foster & Hamilton, contra.
Department 2. Opinion by
Mr. Chief Justice Moore.
2. In a petition for a rehearing it is insisted that, the witness George Catching having testified in effect that immediately prior to the accident he was in Springfield, Oregon, walking south on Seventh Street toward and about 300 feet from Main Street, when he saw an automobile driven east on the latter street, his sworn declaration shows…
2Cases cited4 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Wolf v. City Railway Co.Oregon Supreme Court · 1907
- Jones v. SheflerOregon Supreme Court · 1915